The defendant is charged [in count __]
with the sale of a facsimile firearm. The statute that defines this offense
reads in pertinent part as follows:

no person shall give, offer for
sale or sell any facsimile of a firearm.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Gave, sold or
offered for sale a facsimile firearmThe first element is that the
defendant gave, sold, or offered for sale a facsimile of a firearm. The terms
gave, sold and offered for sale have their ordinary meaning.

Element 2 - Facsimile that
could pass as a real firearmThe second element is that the
facsimile was such that it could reasonably be perceived as a real firearm.1
"Firearm"
is any sawed-off shotgun, machine gun, rifle, shotgun, pistol, revolver or other
weapon, whether loaded or unloaded, from which a shot may be discharged.2

A "facsimile
of a firearm" is (A) any nonfunctional imitation of an original firearm
which was manufactured, designed and produced since 1898, or (B) any
nonfunctional representation of a firearm other than an imitation of an original
firearm, provided such representation could reasonably be perceived to be a real
firearm. Such term does not include any look-a-like, nonfiring, collector
replica of an antique firearm developed prior to 1898, or traditional BB or
pellet -firing air gun that expels a metallic or paint-contained projectile
through the force of air pressure.

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant gave, sold, or offered for sale
a facsimile of a firearm, and 2) it could reasonably be perceived as a real
firearm.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
sale of a facsimile firearm, then you shall find the defendant guilty. On the
other hand, if you unanimously find that the state has failed to prove beyond a
reasonable doubt any of the elements, you shall then find the defendant not
guilty.
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1
The statute provides that "[t]he provisions of this subsection shall not apply
to any facsimile of a firearm, which, because of it distinct color, exaggerated
size or other design features, cannot reasonably be perceived to be a real
firearm."

2
Although § 53-206c specifically references the definition of "firearm" in §
53a-3 (19), which requires that the firearm be operable, operability is not an
issue with this offense, because the object is not a real firearm.